Overview

Title

To protect and promote American values abroad, including the rights of freedom of speech and freedom of expression enshrined in the United States Constitution and the International Covenant on Civil and Political Rights, through the use of foreign assistance and by assuring U.S. law enforcement does not cooperate in censorship abroad.

ELI5 AI

H.R. 9850 is a bill that tries to stop the U.S. from helping countries that block or control what people say online, making sure everyone can speak freely on the internet.

Summary AI

H.R. 9850 is a bill that aims to stop the U.S. from supporting or participating in censorship of lawful online speech abroad. It emphasizes the rights to freedom of speech and expression globally and prohibits foreign aid from going to entities that engage in online censorship. The bill also restricts U.S. law enforcement from cooperating with foreign countries on censorship requests and requires annual reports to Congress on these matters.

Published

2024-09-25
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-09-25
Package ID: BILLS-118hr9850ih

Bill Statistics

Size

Sections:
6
Words:
1,564
Pages:
8
Sentences:
41

Language

Nouns: 507
Verbs: 134
Adjectives: 82
Adverbs: 16
Numbers: 67
Entities: 143

Complexity

Average Token Length:
4.52
Average Sentence Length:
38.15
Token Entropy:
5.28
Readability (ARI):
22.51

AnalysisAI

General Summary of the Bill

The bill titled the "No Funding or Enforcement of Censorship Abroad Act" seeks to establish guidelines surrounding U.S. involvement in international online censorship activities. Introduced in the House of Representatives, this legislation aims to protect and promote American values globally, particularly the freedoms of speech and expression. The bill responds to several incidents primarily associated with actions by Brazilian judicial figures and institutions, emphasizing concerns about censorship. It proposes prohibiting U.S. foreign aid to entities involved in online censorship, standardizes law enforcement's interactions regarding foreign requests for censorship, and provides definitions to clarify terms used in this context.

Summary of Significant Issues

The bill presents several significant issues that may affect its interpretation and application:

  1. Vague Language: Sections 3 and 4 contain ambiguous terms such as "credible information" and "lawful speech online," leading to potential inconsistencies in enforcement.

  2. Neutrality Concerns: Section 2 frequently references Justice Alexandre de Moraes, suggesting a lack of neutrality and possibly reflecting a biased view that could ignite diplomatic tensions.

  3. Implementation Challenges: Both Sections 4 and 5 lack clear enforcement mechanisms and processes, raising questions about transparency and accountability in determining foreign assistance and law enforcement cooperation.

  4. Diplomatic Implications: The definition of "online censorship" specifically targeting a foreign official's actions introduces a risk of diplomatic conflicts and challenges to international legal norms.

Broad Public Impact

The bill aims to reinforce principles of free speech, which could bolster public confidence in the U.S. commitment to democratic values abroad. By restricting U.S. assistance to foreign entities involved in censorship, the bill might positively influence global internet freedoms. However, the vagueness in language could lead to differing interpretations, potentially resulting in inconsistent application of the bill's provisions, thereby confusing its intended impact.

Impact on Specific Stakeholders

  • U.S. Government and Law Enforcement: Federal agencies may face challenges in implementing the bill due to unclear criteria for determining credible information and lawful speech online. Annual reporting requirements, albeit potentially classified, may introduce an additional administrative burden.

  • Foreign Entities and Governments: Countries may see this as an overreach of U.S. influence, as the act explicitly references actions by foreign officials. This could lead to diplomatic strains, especially with nations like Brazil, which are directly mentioned in the bill.

  • Non-Governmental Organizations (NGOs): Entities receiving U.S. assistance may be scrutinized more closely for their involvement in censorship-related activities, affecting their operational dynamics and potentially leading to reduced funding.

  • Technology Companies: Firms based in the U.S., such as X (formerly Twitter) and Rumble, might find themselves at the crossroads of international law and U.S. policy, confronting challenges related to compliance with potentially conflicting directives.

Overall, while the bill outlines a strong intent to protect speech freedoms, the vague language and lack of clear enforcement pathways could limit its effectiveness and lead to unintended consequences, especially in international diplomatic realms.

Financial Assessment

In the context of H.R. 9850, which aims to hinder U.S. support for online censorship abroad, there is a specific financial reference worth noting. The bill mentions a financial allocation by the National Science Foundation that is relevant to this legislative discussion.

Financial Allocation in the Bill

In Section 2, the bill notes that in 2022, the National Science Foundation (NSF) granted $200,000 to George Washington University. This grant was intended for initiatives aimed at countering disinformation in Brazil and three additional countries. While this financial detail is noted among the findings, there is no direct allocation, appropriation, or funding mandate included in the bill itself. Instead, it highlights past federal spending related to the bill's thematic concerns.

Relation to Bill's Issues

The mention of the $200,000 grant aligns with one of the issues, specifically regarding the effectiveness and consequences of spending on efforts to counter disinformation abroad. The issue highlighted points out the lack of detailed information on how effectively this money was used or the results it achieved, which can lead to questions of potential financial inefficiencies or wastefulness. Given the bill's intent to curtail U.S. involvement in foreign censorship practices, it indirectly calls into question whether such financial efforts are aligned with the ultimate goals of promoting free speech and expression without engaging in censorship practices.

The bill places significant emphasis on ensuring that funding and resources are not utilized to support or facilitate online censorship. However, the inclusion of this past financial allocation might suggest a need for clearer oversight and effectiveness reviews on how such funds are spent in support of international freedom of speech and the prevention of censorship, which directly ties into the concerns over financial accountability and transparency.

Issues

  • The bill contains vague language in Section 3 regarding how the United States should 'promote' values such as freedom of speech and expression, which may lead to different interpretations and insufficient actions in practice.

  • In Sections 4 and 5, key terms like 'credible information' and 'lawful speech online' are not clearly defined, which could lead to inconsistent application and enforcement of the bill's provisions.

  • Section 4 lacks an enforcement mechanism and does not mention a process for challenging decisions made by the Secretary of State, which could limit accountability and transparency in how assistance determinations are made.

  • Section 5 lacks clear criteria and processes for how the Attorney General will determine and address foreign requests that might facilitate online censorship, potentially leading to inconsistent application and limited oversight.

  • The repeated focus on Justice Alexandre de Moraes in Section 2 raises concerns about neutrality and might generate diplomatic tensions, as it appears to single out one foreign official's actions in justification of U.S. policy.

  • The definition of 'online censorship' in Section 6 could create international diplomatic concerns due to its specific reference to actions by a Brazilian Supreme Court Justice, possibly conflicting with international legal principles.

  • Section 5 allows reports to be submitted in classified form, which may limit transparency and public oversight of how law enforcement cooperation with foreign entities is managed.

  • In Section 2, the lack of details on the effectiveness and consequences of spending on foreign disinformation countermeasures, such as the $200,000 grant to George Washington University, may lead to concerns over financial wastefulness.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the act states its short title, which is the “No Funding or Enforcement of Censorship Abroad Act”.

2. Findings Read Opens in new tab

Summary AI

Congress outlines various findings regarding actions taken by U.S. entities and individuals, alongside Brazilian judicial actions, related to combating misinformation and protecting election integrity in Brazil, highlighting events like censorship efforts and legal proceedings involving figures such as Justice Alexandre de Moraes, Elon Musk, and the platform X (formerly Twitter). These findings illustrate a complex interplay of international and local actions aimed at countering disinformation and protecting democratic processes, while raising concerns about censorship and legal overreach.

Money References

  • (3) In 2022, the National Science Foundation (NSF), supported by the U.S. Congress, gave a $200,000 grant to the George Washington University for countering disinformation in Brazil and three other countries.

3. Sense of Congress Read Opens in new tab

Summary AI

The section expresses Congress's view that the U.S. Government should encourage freedom of speech and expression worldwide and should avoid supporting or encouraging online censorship through its foreign aid or collaboration with foreign governments and their law enforcement.

4. Prohibition on assistance that encourages online censorship Read Opens in new tab

Summary AI

The section prohibits U.S. foreign assistance to any overseas entity if the U.S. Secretary of State has credible information that the entity is involved in online censorship of lawful speech. However, this restriction can be lifted if the Secretary reports that the entity has stopped such activities.

5. Restriction on law enforcement cooperation with foreign online censorship Read Opens in new tab

Summary AI

Federal law enforcement is not allowed to help foreign law enforcement with requests that would lead to online censorship unless they have reviewed and determined it doesn't violate free speech. The Attorney General, with input from the Secretary of State and Director of National Intelligence, makes these decisions and must report them to Congress each year, possibly in a classified manner.

6. Definitions Read Opens in new tab

Summary AI

The section defines key terms used in the Act, specifying what is meant by “appropriate congressional committees,” “foreign entity,” “foreign law enforcement agency,” “online censorship,” and “protected speech.” It clarifies that "online censorship" involves certain prohibited actions requested by United States-based electronic communication services, excluding specific cases like terrorism-related requests and child pornography violations.